Globalization and Legal Protection of Labour in India

GLOBALIZATION AND LEGAL PROTECTION OF LABOUR IN INDIA
-ARTICLE REVIEW
Submitted by:
R HARSHAD 17040142060
Submitted To:
PROF. GYANASHREE DUTTA
ALLIANCE SCHOOL OF LAW,
ALLIANCE UNIVERSITY
Date of Submission: 30.03.2021

CCITATION: Rajendra Prasad Pandey Source: The Indian Journal of Political Science, JAN. -
MAR., 2010, Vol. 71, No. 1 (JAN. - MAR., 2010), pp. 133-144
Published by: Indian Political Science Association
The author talk’s about how the globalization is been shaping a new system of international
economic relations and the legal protection of labour in India. Be it in the fields of investment.
Production, trade or technology the canvas of globalization is very vast as it means different
things to different people. Also the Author states the unequal relations between the capital and
the labour in this article, according to the author the hard word and life of laborers is been
portrayed as the canvas of globalization. Since the system is been corrupt, legal protection has
been made for the employees against the money minded employers.
In the first section of the article, the author presents his ideas on the constitutional vision on
labour issues wherein he envisages a comprehensive framework in which the issues pertaining to
labour have been dealt with at both general and specific levels. At general taking a labourer as an
individual in society, elaborate provisions have been made to secure a decent, just and dignified
life for him. The fundamental premise of such outlook is found the preamble of the constitution
which strives to secure to the people. However the most profound expression of the citizens'
rights are available under Article 19 consisting of six rights or freedoms out of which three form
the basis of entire edifice on which the entire democratic labour legislations have been
formulated. The three rights are specifically right to freedom of speech and expression, right to
assemble peaceably, right form associations and unions under Article 19(i), (ii) and (iii)
respectively.
Secondly, the author talks on globalization and legal Protection of labour laws in India,
cooperative legislations have come up after a prolong struggle by the workers class as a
consequence during the time of independence the body of labour laws in India was
comprehensive covering most of the industrial related issues. The author highlights the
constitutional provisions of Article 41, 42, 43 and 43A which explains the contributions towards
labour issues that the government have initiated and prodded from time to time in order to ensure
a decent life for the labourers in the wake of processes of liberalization and globalization in
recent times.
Furthermore, the Act was envisaged for the purposes of furthering the object of social control by
arresting strikes and lockouts, creating industrial harmony and providing expeditious specialized
conciliation and adjudication machinery for the resolution industrial conflicts which were
flourishing uncontrolled at the time when the legislation was made. However the difficulty faced
by the workers in respect of individual disputes and jurisdictional involved in certain cases, the
author feels that the Second National Commission on labour (2002) constituted by the
Government of India pertaining to individual workers need some serious considerations as it is
not at the time able to address such issues for the workmen.
In the third and the last part, the author sheds lights on The Indian Journal of Political science
where he says that in India both State and Central government can make laws related to labour
issues. The labour legislation falling under social security laws consisted certain benefits such as,
sickness, , maternity, retirement so on. Still the constitutional makers ingrained wide range of
provisions aiming to provide visions for future rulers for better conditions of workers as the
subversive functioning the structure of labour laws are not sufficient to face the globalization.
The author concluded that the legislative policy of defining the term ‘workman’ should be re-
casted in order to make it clear that those category of employees who should be entitled from the
act. India has affected upon the life of labourers apart from certain constitutional safe guards to
unorganized labour force in India and labour legislations, there is urgent need to take pro-active
steps by employers and see that this substantial section of society lives decent and dignified life
and with adequate social security.

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PROF. GYANASHREE DUTTA

ALLIANCE SCHOOL OF LAW,

Date of Submission: 30.03.2021

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